REQUEST FOR GUIDANCE: SUBPOENA FOR MAIN HEARING IN THE

UNCLAS BELGRADE 000653 SENSITIVE SIPDIS DEPT FOR L/DL INFO EUR-IO/EX/PMO - MARGARET SULA E.O. 12958: N/A TAGS: KLIG AMGT PREL SR SUBJECT: REQUEST FOR GUIDANCE: SUBPOENA FOR MAIN HEARING IN THE CRIMINAL CASE RELATED TO SETTING THE FIRE DURING ATTACK ON EMBASSY ON FEBRUARY 21, 2008 ¶1. (U) Summary and Action Request: The Embassy requests L/DL guidance on how to respond to an improperly serviced criminal case subpoena. End summary and action request. ¶2. (SBU) The Embassy has received a subpoena in the role of "a party that suffered a damage" from the District Court of Belgrade for the main hearing in the criminal court case against accused Milan Zivanovic, who is being charged for setting the fire during attack on Embassy on February 21, 2008. The hearing is scheduled for November 4, 2009. The subpoena was not/not properly serviced on the Embassy through the MFA, but rather received directly from the court. ¶3. (SBU) Background: Milan Zivanovic was in a group of attackers on the Embassy on February 21, 2008, who forcibly entered the Embassy and set fire in which one of the participants in the attack died. The District Public Prosecution in Belgrade has charged Milan Zivanovic with public order offenses (bringing people's lives into danger) that carry a potential 12-year jail term. He is also accused of theft from the Embassy on the same indictment. ¶4. (U) Please advise Post how to respond to the improperly serviced subpoena from the court. Many thanks. BRUSH